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| Marijuana Laws in North Dakota | |||
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| POSSESSION | |||
| Less than 1/2 oz* | misdemeanor | 30 days | $1,000 |
| Less than 1/2 oz while operating a motor vehicle* | misdemeanor | 1 year | $1,000 |
| 1/2 to 1 oz* | misdemeanor | 1 year | $2,000 |
| More than 1 oz | felony | 5 years | $5,000 |
| *First convictions can be removed from the record after 2 years of no further criminal violations. Positive drug test is possession. | |||
| SALE OR CULTIVATION | |||
| Less than 100 lbs | felony | 10 years | $10,000 |
| 100 lbs or more | felony | 20 years | $10,000 |
| Within 1,000 feet of school | felony | increased penalty | increased penalty |
| MISCELLANEOUS | |||
| Any conviction requires offender to undergo a drug addiction evaluation. | |||
| DETAILS | |||
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Possession of less than one-half ounce of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $1,000. Possession of one half ounce or more is punishable by up to one year in jail and a fine of up to $2,000. First convictions for possession of one ounce or less of marijuana can be expunged from the record after two years if no further criminal violations occur. Possession of greater than one ounce of marijuana is punishable by up to five years in prison and a fine up to $5,000. Possession of less than one-half ounce while operating a motor vehicle is punishable by up to one year in jail and a fine of up to $1,000. Sale, distribution or manufacture of less than 100 pounds of marijuana is punishable by up to ten years in prison and a fine up to $10,000. For amounts of 100 pounds or more, the penalty increases to a possible 20 years in prison and a fine up to $10,000. Penalties for sale or distribution increase if the sale occurs within 1,000 feet of a school. All convictions also require the offender to undergo a drug addiction evaluation. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. |
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